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What to Do with Your Truck Settlement Offer

Updated February 23, 2023 | By Wilson Kehoe Winingham staff

Should You Accept Your Truck Accident Settlement Offer?

Dealing with insurance companies is not always pleasant. This can be especially true following an accident when you may be injured or dealing with newfound hardship. It is typical for insurance companies to reach out very quickly after an accident as this works to their advantage. The first settlement offer might not be the best for you, but the Indiana truck accident attorneys at Wilson Kehoe Winingham can provide the legal assistance you need throughout the settlement process.

Examining the Initial Offer

While insurance companies may be very quick to offer a settlement following an accident, their first offer is rarely fair, or an offer that you’d want to accept. Insurance companies know victims of accidents are vulnerable and will initially offer them less than they deserve. It is best to first speak with an experienced accident lawyer before agreeing to any settlement offer. Your attorney will be able to review the following:

  • Financial expectations for recovering and additional expenses. Your attorney will review lost wages, damages, and any pain or suffering as a result of your accident.
  • Any evidence related to the accident. Your attorney will review any witness statements and photographic evidence of the accident if applicable.

These key factors will allow your attorney to best advise you whether or not the settlement offer is worthy. Obtaining legal advice following an accident and before accepting a settlement offer is always recommended.

Evaluating Your Injuries and Damages

Following a truck accident where injuries were sustained, your first thought may not be the cost of those injuries. Each type of injury will vary in cost of medical expenses making it difficult to calculate. When evaluating your cost of injuries and damages, keep track of the following medical bills:

  • Any emergency medical expenses including ambulance transportation
  • Hospital stays following the accident due to injury
  • Medical equipment required following injuries sustained
  • Additional appointments and follow-ups during recovery
  • Occupational or physical therapy
  • Modifications to home life due to injuries sustained

The attorneys at WKW can assist you in calculating additional damages such as financial loss or receiving compensation for punitive damages. When calculating costs and damages from your accident, you will have a better understanding of the compensation you deserve. It is important to be aware that if you accept an initial settlement offer from an insurance company, you may lose the option to ask for further compensation.

Determining Liability

Determining who was responsible for an accident is a crucial part of your settlement offer. You should not accept a settlement offer if liability has not yet been determined. Your experienced truck accident attorney will work to determine who is liable for the accident. In the event of a truck accident, potentially liable parties include the following:

  • The truck driver: liability may fall with the truck driver if there is proof he or she acted negligently on the road, ultimately causing the accident
  • The trucking company: at times, trucking companies fail to complete routine maintenance on their trucks. If the truck driver was forced to drive in unsafe conditions or worked over their mandated hours, the trucking company could be liable
  • Yourself as driver: you may be considered liable if the opposing party presents proof you acted negligently on the road
  • The manufacturer: if faulty parts or any mechanical failure caused the accident, the manufacturing company may be liable

Following a case evaluation, your lawyer can understand and evaluate contributing parties to the accident in order to determine liability.

Contact an Insurance Attorney Today

If you are questioning a settlement offer, we urge you to speak with the experienced attorneys at Wilson Kehoe Winingham. The Indianapolis lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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